This is dangerous, regressive and open to abuse.
I am talking about Home Minister, Hamzah Zainudin’s adamance at re-tabling the provision for indefinite detention without trial under Sosma.
Why bring this up for debate when it has already been voted down during the previous Parliamentary session, unless it’s a veiled threat against dissidents?
And why use the pre-trial detention under the Security Offences (Special Measures) Act 2012 when the police could use the Criminal Procedure Code (CPC) and other Acts to arrest and investigate?
Indefinite detention without trial is open to abuse and also gives rise to the possibility of torture when in custody. It’s important for the government to note that we are bound by the non-derogable jus cogens norm, despite not ratifying the Convention against Torture.
Preventive administrative detention also restricts civil liberties such as freedom of speech, expression and movement, on top of denying detainees the right to free trial.
The right to free trial is not just an internationally recognised human right but also a cornerstone of democracy and protects the rights of accused persons throughout the judicial process.
As such, why is Hamzah trying so hard to bring back a provision, which is seen as a coercive measure by the government? Isn’t this autocratic and regressive?
Unless the government has an agenda of using indefinite detention without trial to keep a lid on dissent, it should scrap the re-tabling of the provision under Sosma.